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Aliyathammada Beethathabiyyapura Pookoya Haji Vs. Pattakkal Cheriyakoy ...

Court : Kerala

Reported in : AIR2003Ker366

..... wakf act, 1995 has given a statutory meaning to the word 'wakf under section 3(r) of the act which reads as follows :'wakf' means the permanent dedication by a person professing islam, of any movable or immovable property for any purpose recognised by the muslim law as pious, religious or charitable and includes : (i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser; (ii) 'grants', including mashrut-ul-khidmat for any purpose recognised by the ..... one of the important changes made in the wakf act, 1995 was the constitution of the wakf tribunal for resolution of disputes relating to wakf and wakf property and such other matters which are required by the act to be resolved by the tribunal. ..... the wakf act, 1995 (act 43 of 1995) was enacted by the parliament and was brought into force throughout the country except the state of jammu and kashmir with effect from 1-1-1996. ..... under the wakf act, 1995 as we have indicated considerable power has been given to various officers to deal with the wakf property. ..... wakf act, 1995 was enacted to provide for the better administration of wakfs. ..... we are in these cases concerned with the jurisdiction and powers of the wakf tribunals constituted in the state of kerala by the wakf act, 1995. .....

Pookoya Haji Vs. Cheriyakoya

Court : Kerala

Reported in : 2003(3)KLT32

..... wakf act, 1995 has given a statutory meaning to the word 'wakf under section 3(r) of the act which reads as follows: 'wakf means the permanent dedication by a person professing islam, of any movable or immovable property for any purpose recognised by the muslim law as pious, religious or charitable and includes: (i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser;(ii) 'grants', including mashrut-ul-khidmat for any purpose recognised by the ..... , one of the important changes made in the wakf act, 1995 was the constitution of the wakf tribunal for resolution of disputes relating to wakf and wakf property and such other matters which are required by the act to be resolved by the tribunal. ..... the wakf act, 1995 (act 43 of 1995) was enacted by the parliament and was brought into force throughout the country except the state of jammu & kashmir with effect from 1.1.1996. ..... under the wakf act, 1995 as we have indicated considerable power has been given to various officers to deal with the wakf property. ..... wakf act, 1995 was enacted to provide for the better administration of wakfs. ..... we are in these cases concerned with the jurisdiction and powers of the wakf tribunals constituted in the state of kerala by the wakf act, 1995. .....

M.A. Muhammed Kunju Vs. Biju S/O. Sainudeen and ors.

Court : Kerala

Reported in : 2008(2)KLT833

..... section 32 of the wakf act, 1995 (hereinafter referred to as 'the act') deals with the powers and functions of the wakf board and confers power on the wakf board to administer, manage, control, supervise the wakf and to regulate the powers of mutawalli in so far as it relates to the management of wakf properties. ..... in within its sweep not only matters which are specifically conferred on the tribunal by the various provisions of the act, but also any dispute, question or any other matter relating to any wakf or wakf property since those powers have also been conferred on the tribunal by the wakf act itself and that on examining the scheme of the act and various provisions, it is clear that the intention of the legislature is to resolve all disputes by one machinery and forum ..... subhan shah : (2006)10scc696 had considered the powers and jurisdiction of the statutory authorities under the wakf act and held that different authorities are created by the same statute to exercise their respective functions within the four corners of the statute. ..... 957 examined similar provisions in the wakf act and held that the function of registration of a property as wakf property, being that of the board and since it is the duty of the board in the process to decide a question as to whether a property is wakf or not, it is for the board to consider and decide the question at the first instance. .....

Ansari Charitable Trust Vs. Kerala Wakf Board

Court : Kerala

Reported in : 2006(2)KLT891

..... learned counsel for the petitioner placing reliance on section 43 of the wakf act, 1995 contends that being a trust registered prior to the introduction of wakf act, the property is not liable to be registered under the respondent board ..... that apart under section 40(2) of the wakf act, 1995 'the decision of the board on a question under sub-section (1) shall, unless revoked or modified by the tribunal, be final' ..... (2) any mutawalli person interested in a wakf or any other person aggrieved by an order made under this act, or rules made thereunder, may make an application within the time speci fied in this act or where no such time has been specified, within such time as may he prescribed, to the tribunal for the determination of any dispute, question or other matter relating to the wakf.thus any dispute, any question or any matter relating to a wakf or wakf property is liable to be determined by the tribunal ..... took the stand that it is a trust registered under the indian trust act and not a wakf property and hence not liable to be registered under the respondent board. ..... 43 applies only when the wakf is registered as a trust prior to the commencement of wakf act. ..... the state government shall, by notification in the official gazette, constitute as many tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a wakf or wakf property under this act and define the local limits and jurisdiction under this act of each of such tribunals. .....

Thorayil Juma Masjid Mahhalu Committee Vs. Kerala Wakf Board

Court : Kerala

Reported in : 2008(1)KLJ202

..... wakf tribunals have been set up under the wakf act, 1995 (hereinafter referred to as 'the act') for the determination of disputes, questions and other matters relating to wakf and wakf ..... return which, in the opinion of the chief executive officer is incorrect or false in any material particular, or which does not comply with the provisions of this act or any rule or order made thereunder, the chief executive officer may assess the net annual income of the wakf to the best of his judgment or revise the net a annual income as shown in the return submitted by the mutawalli and the net annual income as so ..... act, it has been held as follows:the word any dispute, question or other matters relating to wakf or wakf property under section 85 are wide enough to take in within its sweep not only matters which are specifically conferred on the tribunal by the various provisions of the act but also any dispute, question or any other matter relating to any wakf or wakf property since those powers have also been conferred on the tribunal by the wakf act ..... established or the state; and it shall be the duty of the board so as to exercise its powers under this act as to ensure that the wakfs under its superintendence are property maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended;xxxxxxxxxxxxxx(2) without prejudice to the generality of the foregoing power, the functions of the board shall .....

C. Mahmood S/O. Kunhi Assan Vs. V. Ashraf S/O. Aboobacker

Court : Kerala

..... inviting my attention to section 85 of the wakf act 1995, it is contended that the civil court has no jurisdiction to entertain the suit relating to a wakf and so much so, the petition filed by the petitioner/plaintiff for withdrawal of the suit which involved a wakf with liberty to file a fresh suit should have been allowed by the court below. ..... when the interest of that wakf is shown to be involved in the suit, the bar under section 85 of the wakf act squarely applies to the facts of the case. ..... later, the petitioner/plaintiff moved an application for withdrawal of the suit with liberty to file a fresh suit on the same cause of action stating that the subject matter involved in the suit being a wakf property, the civil court has no jurisdiction to entertain the suit. ..... the masjidul mujahideen is stated to be a wakf recognised by the kerala wakf board. ..... suit has been laid to restrain the defendant from administering the affairs of the above said wakf. .....

Abdul Majeed Musliyar Vs. Mammed Koya

Court : Kerala

Reported in : AIR2002Ker71

k.a. abdul gafoor, j.1. petitioners challenge ext. p1 judgment passed by the district judge, kozhikode in cma 2278/2000. the order passed in favour of the petitioners was set aside as per the said judgment. petitioners submitted that on 17.3.2001, when ext. p1 was passed by the district judge kozhikode in cma 2278/2000, the wakf tribunal had been constituted in kozhikode and therefore the district court did not have any jurisdiction to entertain that appeal in the light of s. 85 of the wakf act, 1995. this is the only ground urged.2. wakf tribunals are constituted to try the suit and other proceedings relating to the wakf. naturally, the bar of jurisdiction provided for under s. 84 will be in respect of such suits and proceedings which are pending. it cannot have any effect on the appellate jurisdiction exercised by the district court in terms of the code of civil procedure. wakf act does not in any way affect the appellate jurisdiction exercised by the district court. therefore, ext. p1 judgment passed on 17.3.2001 cannot be said to be without jurisdiction as contended by the petitioners.3. o.p. fails, dismissed.

Peruvallur Sidhikkabad Nusrathul Islam Sangham, Juma-Ath Palli Committ ...

Court : Kerala

..... questions as to how a dedication amounting to a wakf is effectuated; when does it take effect; and, as to what is the effect of a purported subsequent substitution of the dedicated corpus by the waqif are raised for decision in these revisions under the proviso to section 83(9) of the wakf act, 1995, for short, the act, preferred against the decision rendered by the wakf tribunal in a suit. ..... for the aforesaid reasons, the tribunal was justified in holding that in view of the crystallization of ext.a1 as a wakf in terms of section 3(r) of the act, the plaintiff was entitled to the reliefs sought for. ..... having this view as to the legislative intendiment of object of protection of wakfs, we see that no power of ex post facto sanction can be read into the provisions of section 51 of the act even as it stood before the 2013 amendment; more particularly, in contra-distinction to the legislative prescription for prior sanction. 12. ..... not only that, while examining the scheme of the act as it originally stood and the change in law that has been brought in 2013; the clear indication is that there was always a legislative thrust to preserve the wakf properties insulating it from transfers. ..... such increase in statutory restrictions through amendments to the act, that have come into force by 2013 is a clear indication against a judicial approach that ex post facto sanction could be granted by the wakf board under section 51 of the act. .....

Puthiyapura Sheik Koya Thangal and Another Vs. P.P. Koyammakoya and Ot ...

Court : Kerala

..... us by the learned senior advocate appearing for the 4th defendant that the finding recorded by the courts below rejecting the defence contention that the suit was not maintainable in view of the provisions of the wakf act, 1954 and the wakf act, 1995, are unassailable. ..... 6 of the wakf act, 1995 and under section 55-e of the wakf act, 1954, is not attracted. ..... , speaking for the division bench observed inter alia as follows:- "from historical books, we have noticed the fact that the khazi of andrott (khazi and muthawalli were known by the name khazi till the wakf act came into force in 1968 in the lakadives islands) during 1847 as stated in annexure a5 and in 1920 as reported in annexure a36 book by r.h.ellis are from the members of the patttakal famly. ..... the same dentition has been adopted in the wakf act, 1995 as well. 32. ..... 6 of the wakf act, 1995. ..... 5 of the wakf act, 1995. ..... word "muthawalli" in section 3 (f) of the wakf act, 1954 reads as follows:- "muthawalli" means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a competent authority to be the muthawalli of a wakf and includes any person who is a muthawalli of a wakf by virtue of any custom or who is a naib - muthawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a muthawalli to perform the duties of a muthawalli and, save as otherwhise provided in this act, any person, committee or corporation for .....

Puthucode Juma-ath Committee, Palakkad, Represented by Its Secretary M ...

Court : Kerala

..... these two revision petitions being filed under section 83(9) of the wakf act, 1995, we are called upon to decide the correctness, legality and propriety of the order passed by the wakf tribunal in o.a.1/01 and o.a.6/01. 11. ..... the said original petition was disposed of by the writ court, relegating the parties to approach the tribunal, constituted under section 83 of the wakf act, 1995. ..... the scheme to be finalized can be challenged by any of the interested parties as provided under the provisions of the wakf act and petitioners also will be free to raise all their contentions, untrammeled by the findings and observations in ext.p7 and in this judgment. ..... this court took the view that against the determination in respect of the matters falling under section 15 of the erstwhile wakf act (the corresponding provision being contained in section 32 in the present wakf act), the right was to challenge it before the tribunal. ..... so to exercise its powers under this act as to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended: provided that in exercising its powers under this act in respect of any wakf, the board shall act in conformity with the directions of the wakf, the purposes of the wakf and any usage or custom of the .....